Montz v. Pilgrim Films and Television Inc

Filing 75

JUDGMENT by Judge Florence-Marie Cooper, in favor of defendants NBC Universal Inc, Pilgrim Films and Television Inc, Universal Television Networks, Craig Piligian, Jason Conrad Hawes against plaintiffs Daena Smoller, Larry Montz. Plaintiffs shall re cover nothing by way of their Complaint or First Amended Complaint. The parties shall each bear their own attorney's fees and costs incurred in this litigation through the date of entry of this Judgment. Related to: Stipulation 74 . (MD JS-6, Case Terminated). (mg)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Gail Migdal Title (SBN 49023) Joel R. Weiner (SBN 139446) Gloria C. Franke (SBN 246390) KATTEN MUCHIN ROSENMAN LLP 2029 Century Park East, Suite 2600 Los Angeles, CA 90067-3012 Telephone: 310.788.4400 Facsimile: 310.788.4471 JS-6 Attorneys for Defendants PILGRIM FILMS & TELEVISION, INC., NBC UNIVERSAL, INC., CRAIG PILIGIAN, JASON HAWES and UNIVERSAL TELEVISION NETWORKS Thomas V. Girardi (SBN 36603) Graham B. LippSmith (SBN 221984) GIRARDI | KEESE 1126 Wilshire Boulevard Los Angeles, CA 90017 Telephone: 213.977.0211 Facsimile: 213.481.1554 Attorneys for Plaintiffs LARRY MONTZ and DAENA SMOLLER UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION, LOS ANGELES DR. LARRY MONTZ and DAENA SMOLLER ) ) ) Plaintiffs, ) ) vs. ) ) PILGRIM FILMS & TELEVISION, ) INC.; NBC UNIVERSAL, INC.; CRAIG ) PILIGIAN; JASON CONRAD HAWES; ) ) UNIVERSAL TELEVISION NETWORKS; and DOES 1 through 10 ) ) Defendants. ) ) CASE NO. CV06-7174 FMC (MANx) JUDGMENT 31459591_339978_00001 1 CV06-7174 FMC (MANx) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JUDGMENT On July 13, 2007, the Court issued an Order Granting in Part and Denying in Part Defendants' Motion to Dismiss the Complaint, ruling, among other things, that Plaintiffs' causes of action for breach of implied contract, unjust enrichment, breach of confidence, violation of publicity rights, violation of the Lanham Act, and unfair competition were DISMISSED WITH PREJUDICE. On August 28, 2008, with leave of court, Plaintiffs filed a First Amended Complaint asserting a single claim for relief for copyright infringement against defendants Pilgrim Films & Television, NBC Universal, Inc., Craig Piligian, Jason Conrad Hawes, Universal Television Networks, Inc. and Does 1 through 10 (collectively, "Defendants"). Thereafter, pursuant to stipulation of the parties, Plaintiffs' First Amended Complaint was DISMISSED WITH PREJUDICE. As a result of the above dismissals, there are no remaining claims to be adjudicated in the district court against any Defendants, and thus, entry of final Judgment is appropriate. Further, the parties have stipulated that Judgment shall be entered in favor of Defendants, with the parties each to bear their own fees and costs, and that Plaintiffs may pursue an appeal solely regarding the breach of implied contract and breach of confidence claims as alleged and/or requested to be alleged in this action, subject to all defenses, with all other claims and appeals having been waived and released by Plaintiffs; /// /// /// /// /// /// /// /// 2 31459591_339978_00001 CV06-7174 FMC (MANx) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. 2. 3. Judgment is entered in favor of Defendants and against Plaintiffs; Plaintiffs shall recover nothing by way of their Complaint or First The parties shall each bear their own attorney's fees and costs incurred in Amended Complaint; this litigation through the date of entry of this Judgment. IT IS SO ORDERED. Dated: November 5, 2008 _____________ The Honorable Florence-Marie Cooper United States District Court Judge 3 31459591_339978_00001 CV06-7174 FMC (MANx)

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